United States v. Mesarosh, Cr. No. 13531.

• Decision Date: 03 September 1953
• Docket Number: Cr. No. 13531.
• Citation: 115 F. Supp. 332
• Parties: UNITED STATES v. MESAROSH et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

115 F. Supp. 332

UNITED STATES v. MESAROSH et al.

Cr. No. 13531.

United States District Court, W. D. Pennsylvania.

September 3, 1953.

Edward C. Boyle, U. S. Atty., Pittsburgh, Pa., Irwin A. Swiss, Asst. U. S. Atty., Pittsburgh, Pa., William G. Hundley, Washington, D. C., and Richard Alfriend, III, Sp. Pros. Counsel, Department of Justice, Norfolk, Va., of counsel, for the Government.

Hymen Schlesinger, Pittsburgh, Pa., for all defendants.

Ralph E. Powe, Brooklyn, N. Y., for defendants Dolsen and Albertson.

Reuben Terris, New York City, for defendants Nelson, Careathers and Weissman.

MARSH, District Judge.

On August 20, 1953, the petitioners were convicted of conspiring to violate the Smith Act, 18 U.S.C. § 2385. After their arrest, bail was fixed for Steve Nelson, Irving Weissman and William Albertson at $20,000 each and for James Dolsen at $15,000. After verdicts and pending sentences and appeals, the Government requested that the bail of each be doubled. The court granted the request.¹

Following sentences, oral motions to reduce the bail were refused. On August 28, 1953, notices of appeal were filed accompanied by a written petition for reduction of bail pending appeal. This petition was not brought to the Court's attention until September 1, 1953.

Among the reasons which were stressed in the petition are (1) that the court heretofore found that the petitioners were paupers; (2) that two of them — Nelson and Dolsen — are presently under bail to the Commonwealth of Pennsylvania in the sums of $20,000 and $10,000 respectively; (3) that in none of the previous Smith Act appeals was the bail fixed so high.

Rule 46(a) (2), Fed.Rules Crim. Proc. 18 U.S.C., provides: "Bail may be allowed pending appeal * * *." In fixing the amount, we think regard should be given to the nature and circumstances of the offense and the character of the petitioners as well as their financial ability.

In considering the character of the petitioners it is only necessary to observe that they are among the leaders of the Communist Party of the United States and have been part of the hard core of said Party practically all of their adult lives. All are completely dedicated to its principles. Nelson is a professional revolutionary having been trained in the Lenin School at Moscow. Both he and Dolsen have been convicted of sedition in the Pennsylvania State Courts. Weissman and Albertson have been agitators of expert quality in West Virginia, New York and Western Pennsylvania.

According to the finding of the jury, each of the petitioners intended to overthrow and destroy the Government of the United States by force and violence as soon as circumstances would permit and conspired to teach and advocate such overthrow and destruction by force and violence. These circumstances are persuasive that their crime is of the gravest concern to the Government and to the public; the fact that the maximum term of imprisonment is comparatively light is only one of the factors to be considered in connection with the nature of the offense, and is certainly not the controlling factor.

The evidence is convincing that this conspiracy is widespread and is one of dangerous character. We take...